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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Nanik Prasetyoningsih
Muhammadiyah University Yogyakarta
Law, Crime, Criminology & Criminal Justice

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Conceptualization Of The Protection Of Human Rights For Victims Of The Crime Of Trafficking In Indonesia Zihan Maulida Mulyani Hilman; Nanik Prasetyoningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4172

Abstract

The criminal act of human trafficking has caused suffering because it is a crime that violates human dignity, and so the crime is included in the category of serious crimes. The aim of this research is: This research aims to find out and examine the concept of the criminal act of trafficking in persons in Indonesia, to find out and examine the weaknesses in the arrangements for protecting the human rights of victims of the crime of trafficking in persons in Indonesia, and to find out and examine the conceptualization of the protection of the human rights of victims. Criminal act of human trafficking in Indonesia. This research is a type of normative-empirical legal research that examines the legal problem of human trafficking with a multidimensional approach. The research results show that protecting human rights for victims of human trafficking in Indonesia involves various parties and requires a holistic approach. Despite significant efforts, protection limitations remain, including service, compensation and return costs. Further efforts are needed to address these challenges and ensure maximum protection for victims while continuing to evaluate and monitor for continuous improvement.
The Impact of Implementing Restorative Justice on Children in Conflict with the Law in Street Crimes Nuraisyah Sulidewi; Nanik Prasetyoningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4253

Abstract

Cases of children in conflict with the Law, especially in criminal cases involving street crimes, still pose a threat to community members. The forms of threats and crimes include carrying sharp weapons to harm other people, mugging, beatings, beatings, and even stabbings carried out with a certain motive or without a motive (random). By the child protection law and the juvenile justice system in force in Indonesia, children caught in criminal acts will receive special treatment. Namely, efforts will be made so that children in conflict with the Law can be fairly restored to their original condition for both the victim and the perpetrator. Still, their nature is not retaliation, so efforts are made to resolve criminal cases outside of court or what is known as a restorative justice approach. This normative research uses the statutory, conceptual, and case approaches. The type of data used is secondary data sources obtained through literature study and document study, as well as from secondary and primary legal materials. The results of this research show that implementing a restorative justice approach in resolving criminal cases for children in conflict with the Law, it is hoped that will have a positive impact, namely developing children according to their age so that legal awareness will grow and they will not repeat similar crimes. Then, resolving criminal cases outside of court will prevent children from interacting with inmates in prison and prevent children from being labelled as criminals because children still have a long future.
Aligning National Legal Development with Local Wisdom: A Study in the Special Region of Yogyakarta Supono Supono; Nanik Prasetyoningsih; Indira Naquita Adilah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4346

Abstract

This research aims to detail and explain the alignment of national legal development with local wisdom, focusing on case studies in the Special Region of Yogyakarta. Through this review, this research seeks to provide a deeper understanding of how national law can be integrated with the rich local values in DIY. The method used in this research is a qualitative approach that involves several data collection techniques, including literature study, observation, and stakeholder interviews. The research results show the relevance and positive impact of aligning national legal development with local wisdom in the Special Region of Yogyakarta (DIY). By analyzing the role of local wisdom in developing national law, this research highlights the integration of traditional values with legal principles that apply nationally. The contribution of local wisdom, such as the spirit of justice, deliberation for consensus, and respect for human rights, has been proven to encourage the creation of an inclusive and effective legal system. In implementing legal development, the principle of legal pluralism is the primary basis, enabling the implementation of various dispute resolution mechanisms and natural resource management that respect cultural diversity and local values. This research also highlights concrete efforts in integrating local wisdom in national legal development, such as developing customary law that is in harmony with national law, integrating local wisdom in legal education, and empowering communities in applying traditional values in dispute resolution.
The Legal Politics of Restorative Justice in Indonesia Ahmad Nur Rohadi; Nanik Prasetyoningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4349

Abstract

Restorative Justice needs to be implemented immediately in Indonesia. Law Number 1 of 2023, which is expected to be an oasis, does not regulate this matter optimally. This article will discuss the ideal form of regulation for implementing restorative Justice in Indonesia. Implementing restorative Justice will include more than procedural or formal law. More than that, restorative Justice must cover all aspects of criminal law enforcement. It starts from material criminal law, procedural law, litigation dispute resolution, and non-litigation case resolution. This article will use normative juridical research methods and conceptual and statutory approaches. One of the important findings in this article is the absolute need for a paradigm shift in the enforcement and regulation of criminal law. From the initial nuance of retribution to a more nuanced recovery approach (restorative). Then therapeutic justice regulation must also be included in material criminal law regulation. So, it can be used as a guide for law enforcement officials in finding substantive Justice.
Res Ipsa Loquitur: Evidence in Civil Law and Islamic Law; Viewed from a doctrinal point of view windy virdinia putri; Muchammad Ichsan; Nanik Prasetyoningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4409

Abstract

In cases of suspected medical malpractice, it is tough to prove that there is an element of negligence because access to evidence is within or under the perpetrator's control, making it difficult for the victim to access it. In the legal field, the doctrine of res ipsa loquitur was introduced, which makes it easier for victims to prove who is guilty by showing indirect evidence, namely evidence of a fact or several facts from which a reasonable conclusion can be drawn. This research examines the application of res ipsa loquitur in terms of doctrine, civil evidence law, and Islamic law. This research is a literature study using a normative approach that refers to civil evidence law and Islamic law provisions. The legal analysis used is a conceptual, comparative and case study approach. This research found that applying res ipsa loquitur in judicial practice, as long as it is not regulated in procedural law, is a principle that becomes a source for judges to find the law. In civil evidence law, res ipsa loquitur can be implemented through presumptive evidence concluded by the judge. Meanwhile, in Islamic law, there are dalil (instructions) for qarinah, which are equated with presumptive evidence, so that res ipsa loquitur, which can be enforced through presumptive evidence, can also be enforced through qarinah evidence.
Analysis of Nuclear Law and Nuclear Power Plant Development Plans in Indonesia Gumilang Fuadi; Nanik Prasetyoningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4410

Abstract

This research discusses Nuclear Law Analysis and Nuclear Power Plant Development Plans in Indonesia. The nuclear legal framework is an essential infrastructure in developing nuclear power plants in a country. This research aims to determine the current legal framework for nuclear power in Indonesia and examine the strengthening of nuclear law, which is needed as infrastructure for developing nuclear power plants in Indonesia. This research is normative or dogmatic, using conceptual, statutory and comparative approaches. Data collection techniques include conducting literature studies and searching for primary and secondary legal materials in this research. The results of the study show that the nuclear legal framework in Indonesia has been realized through various ratifications of international electricity legal instruments and national regulations through the Nuclear Energy Law (UUK) as the legal basis and various derivative regulations covering almost all aspects of electricity. . laws, including the mandate to build nuclear power plants in Indonesia. However, considering that UUK is over 20 years old and reflects the Fukushima Daichi nuclear accident, Indonesia's nuclear legal framework as nuclear power plant infrastructure needs to be strengthened. This strengthening covers the four pillars of nuclear law, namely safety, security, safeguards and liabilities, which can encourage the construction of the first nuclear power plant in Indonesia for energy independence and realizing net zero emissions with strict safety and security standards to achieve this goal. Protect citizens and the environment.
Co-Authors Ahmad Nur Rohadi Gumilang Fuadi Indira Naquita Adilah Muchammad Ichsan Nuraisyah Sulidewi Supono Supono windy virdinia putri Zihan Maulida Mulyani Hilman